Ready v. State, No. 92-03099

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation636 So.2d 67
Parties19 Fla. L. Weekly D626 Daniel P. READY, Appellant, v. STATE of Florida, Appellee.
Decision Date16 March 1994
Docket NumberNo. 92-03099

Page 67

636 So.2d 67
19 Fla. L. Weekly D626
Daniel P. READY, Appellant,
v.
STATE of Florida, Appellee.
No. 92-03099.
District Court of Appeal of Florida,
Second District.
March 16, 1994.
Rehearing Denied April 21, 1994.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The appellant, Daniel P. Ready, challenges the judgment and sentence adjudicating him guilty of sexual battery upon a child less than twelve years of age. We reverse.

The state charged appellant with sexual battery by placing his finger in the vagina of a child less than twelve years of age contrary to section 794.011(2), Florida Statutes (1987). The jury found appellant guilty as charged and the trial court sentenced him to life in prison with a minimum mandatory term of twenty-five years. Appellant filed a timely notice of appeal.

In order to prove the crime of sexual battery by digital penetration, the prosecution is required to show penetration, although even the slightest evidence of penetration is sufficient. J.W.C. v. State, 573 So.2d 1064 (Fla. 5th DCA 1991). However, uncorroborated hearsay statements cannot be used as the sole evidence to prove penetration. Jaggers v. State, 536 So.2d 321 (Fla. 2d DCA 1988); Bell v. State, 569 So.2d 1322 (Fla. 1st DCA 1990).

In the instant case, there was sufficient evidence to establish that appellant touched the victim's vagina including the child victim's testimony that appellant touched her vagina. However, the only evidence put forward by the prosecution to prove that appellant penetrated the victim's

Page 68

vagina was the hearsay statement made by the victim to one of the investigating detectives. There was no medical evidence of penetration, nor any other competent corroborative evidence of penetration. We must therefore reverse the conviction of sexual battery by digital penetration. Jaggers; Bell.

We find no merit in any of the other issues raised by appellant. Therefore, since the record indicates that there was sufficient evidence to support a conviction for the lesser included offense of handling and fondling a child under sixteen years of age contrary to section 800.04, Florida Statutes (1987), the trial court upon remand should enter a judgment against the appellant for that lesser included offense and sentence him accordingly.

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9 practice notes
  • Rockett v. Sec'y, CASE NO. 8:08-cv-1417-T-23EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 1 Agosto 2014
    ...evidence dealing with penetration is denied because penetration can be proven by testimony of the victim alone. See Ready v. State, 636 So. 2d 67 (Fla. 2d DCA 1994) (noting that even the slightest evidence of penetration is sufficient in sexual battery prosecution). The victim testified to ......
  • O'Leary v. Sec'y, Case No: 2:12-cv-599-FtM-2 9CM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 27 Abril 2015
    ...Florida courts have recognized that even slight penetration is sufficient to show that penetration occurred. See Ready v. State, 636 So. 2d 67, 67 (Fla. 2d DCA 1994) ("[E]ven the slightest evidence of penetration is sufficient [to show that penetration occurred]"); J.W.C. v. State......
  • Morris v. State, No. 1D99-4286.
    • United States
    • Court of Appeal of Florida (US)
    • 29 Mayo 2001
    ...v. State, 742 So.2d 835, 838 (Fla. 2d DCA 1999); Timot v. State, 738 So.2d 387, 390 (Fla. 4th DCA 1999), and digital, see Ready v. State, 636 So.2d 67, 68 (Fla. 2d DCA 1994), or lingual contact with a child's vagina. See State v. Stone, 677 So.2d 982, 983 (Fla. 5th DCA 1996). As Judge Brown......
  • Richards v. State, No. 97-01822.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Julio 1999
    ...547 So.2d 657 (Fla. 2d DCA 1989), and Dorch v. State, 458 So.2d 357 (Fla.1984). For cases concerning penetration, see Ready v. State, 636 So.2d 67 (Fla. 2d DCA 1994), and Davis v. State, 569 So.2d 1317 (Fla. 1st DCA Third, it is clear that a defendant's finger is an "other object,"......
  • Request a trial to view additional results
9 cases
  • Rockett v. Sec'y, CASE NO. 8:08-cv-1417-T-23EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 1 Agosto 2014
    ...evidence dealing with penetration is denied because penetration can be proven by testimony of the victim alone. See Ready v. State, 636 So. 2d 67 (Fla. 2d DCA 1994) (noting that even the slightest evidence of penetration is sufficient in sexual battery prosecution). The victim testified to ......
  • O'Leary v. Sec'y, Case No: 2:12-cv-599-FtM-2 9CM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 27 Abril 2015
    ...Florida courts have recognized that even slight penetration is sufficient to show that penetration occurred. See Ready v. State, 636 So. 2d 67, 67 (Fla. 2d DCA 1994) ("[E]ven the slightest evidence of penetration is sufficient [to show that penetration occurred]"); J.W.C. v. State......
  • Morris v. State, No. 1D99-4286.
    • United States
    • Court of Appeal of Florida (US)
    • 29 Mayo 2001
    ...v. State, 742 So.2d 835, 838 (Fla. 2d DCA 1999); Timot v. State, 738 So.2d 387, 390 (Fla. 4th DCA 1999), and digital, see Ready v. State, 636 So.2d 67, 68 (Fla. 2d DCA 1994), or lingual contact with a child's vagina. See State v. Stone, 677 So.2d 982, 983 (Fla. 5th DCA 1996). As Judge Brown......
  • Richards v. State, No. 97-01822.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Julio 1999
    ...547 So.2d 657 (Fla. 2d DCA 1989), and Dorch v. State, 458 So.2d 357 (Fla.1984). For cases concerning penetration, see Ready v. State, 636 So.2d 67 (Fla. 2d DCA 1994), and Davis v. State, 569 So.2d 1317 (Fla. 1st DCA Third, it is clear that a defendant's finger is an "other object,"......
  • Request a trial to view additional results

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